Prime Minister Dickon Mitchell will seek a second consecutive term in office on Thursday, after a High Court ruling cleared the way for Grenada’s general election to proceed.
The ruling was handed down by Justice Agnes Actie at the High Court in St George’s on Wednesday.
She rejected a lawsuit brought by attorney Cajeton Hood. The suit targeted the prime minister, the supervisor of elections, and the attorney general as defendants in an attempt to halt the general election and declare the Oct. 2 dissolution of parliament unconstitutional.
However, Actie ruled that the prime minister acted in accordance with the constitution and the law when he advised the Governor-General Dame Cécile La Grenade to dissolve parliament.
In her decision, she stated that the court is of the view that the objections to the publication of notices by the Supervisor of Elections concern the validity of the ongoing general election, in which approximately 70% of the nations’ registered police officers voted on Monday.
“These objections must be pursued by election petition after the general elections. Bound by the Constitution as the supreme law of the land, this court cannot use the Civil Procedure Rules to circumvent its requirements.”
The three preliminary issues that the court had to decide on were, (a) whether the state is in contravention in law in having parliament dissolve and an election date set; (b) whether the claim has been overtaken by parliament dissolving and an election date set; and (c) whether the Supervisor of Elections comply with Section 37 of the Representation of the People Act.
The court is of the view that the claimant’s claim falls within the purview of an Elections Petition Claim which can only be pursued post-election under the Constitution.
“Accordingly, the claim as it stands cannot be pursued and is removed from the cause list.”
As a result of the ruling, parliament remained dissolved and the date for the general election remains for Thursday.
The claimant, Hood, represented himself. The prime minister and the attorney general were represented by the Office of the Attorney General, Francis Alexis KC, Ruggles Ferguson KC, and Ian Sandy. The supervisor of elections was represented by Darshan Ramdhani KC and Sabrita Khan-Ramdhani.
The vote is a test for the incumbent National Democratic Congress (NDC), led by Mitchell. The NDC secured a 9-6 majority victory in 2022, and Mitchell seeks a mandate to continue his legislative agenda ahead of the October 2027 constitutional deadline.
The NDC faces a challenge from the opposition New National Party (NNP), now led by Emmalin Pierre. This is the first election cycle in four decades where the NNP is contesting without its former leader and ex-prime minister Keith Mitchell. The Democratic People’s Movement, led by Peter David, creates a three-way race across several of the 15 constituencies.
The election follows the Wednesday’s conclusion of the Commonwealth Heads of Government Meeting in Antigua and Barbuda, where Adrian Thomas, Minister for Tourism, the Creative Economy and Culture, leads Grenada’s delegation while Mitchell campaigned. To ensure transparency, observer groups from the Organisation of American States and the Commonwealth Secretariat are in Grenada to monitor the voting process.